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Home My WebLink AboutCU-13-03 SP-13-39 - Decision - 0030 Community Drivel l #CU-13-03 AND #SP-13-39 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 30 COMMUNITY DRIVE LLC— 30 COMMUNITY DRIVE CONDITIONAL USE APPLICATION #CU-13-03 AND SITE PLAN APPLICATION #SP-13-39 FINDINGS OF FACT AND DECISION 30 Community Drive, LLC, hereinafter referred to as the applicant, is seeking conditional use and site plan after -the -fact approval for a 14.5 ft. high chain link fence enclosing a previously approved emergency generator, 30 Community Drive. The Development Review Board held a public hearing on September 3 and September 17, 2013. Scott St. Onge represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. 30 Community Drive, LLC is seeking conditional use and site plan after -the -fact approval for a 14.5 ft. high chain link fence enclosing a previously approved emergency generator, 30 Community Drive. 2. The application was received on July 11, 2013. 3. The owner of record of the subject property is 30 Community Drive, LLC. 4. The subject property is located in the Mixed Industrial & Commercial Zoning District. 5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled "GMCR Tech Park Data Center 30 Community Drive, South Burlington VT", prepared by Trudell Consulting Engineers, dated October 3, 2011 and last revised on 7/1/2013. The Board via its Findings of Fact and Decision for #SP-11-61 amended a previously approved site plan to enable construction of a 55' X 65' concrete pad to install an emergency generator, 30 Community Drive, along with: • placement of a 10'6" high generator on the concrete pad; • installation of underground electrical and fiber optic service to the building; • moving and reconstructing existing berm to better screen the proposed cabinets; • planting of $7,470 in additional landscaping on the reconstructed berm; • installation of a chain link fence (wish mesh inserts) to surround the concrete pad. The height of the fence will exceed the height of the transformer; and 1 C U_ 13_03_a n d_S P_ 13_39_30 C o m m u n ity D ri ve L LC_afte rfact_ffd. d o c #CU-13-03 AND #SP-13-39 installation of two transformer vault pads with transformers measuring 6'4"H - 6'6"W — 7'6" D. The applicant did not obtain conditional use approval for a fence over eight (8) ft. in height and subsequently constructed a 14'6" high fence. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. 6. The Board finds that the 14'6" high fence meets standards 1 and 2 above. 3. The Development Review Board must find that the proposed conditional use shall not result in an undue adverse effect on any of the following: (a) The capacity of existing or planned municipal or educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. (c) Traffic on roads and highways in the vicinity. (d) Bylaws in effect. (e) Utilization of renewable energy resources. (f) General public health and welfare. The Board finds that the 14'6" high fence would not have an undue adverse effect on items (a) through (g) above. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. 2 CU_13_03_and_SP_13_39_30Commu nityDrive LLC_afterfact_ffd.doc #CU-13-03 AND #SP-13-39 (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (f) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. 8. The Board finds that the 14'6" high fence is consistent with the standards (a) through (f) above. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). 9. The Board finds that the above criteria are not applicable for the fence. (d) Landscaping and Screening Requirements 10. The Board finds that the 14'6" high fence in tandem with other landscaping and screening requirements meets this standard. Access/Circulation Access and circulation on the property will remain unchanged through the proposed project. DECISION Motion by Tim Barritt, seconded by Jennifer Smith, to approve Conditional Use Application #CU- 13-03 and Site Plan Application #SP-13-39 of 30 Community Drive LLC subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 3 CU_13_03_and_SP_13_39_30CommunityDriveLLC_afterfact_ffd doc #CU-13-03 AND #SP-13-39 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the generator and transformers. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barrio Yea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — y" nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present The application was approved by a vote of 4 — 0 - 0 Signed this 2& day of QQ&lM 2013, by JOR Art Klugo, Vice Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.ora/GTC/environmentaVdefault.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 4 CU_13_03 and_SP_13 39 30CommunityDriveLLC afterfact ffd.doc